Will of John Morry
from Newfoundland will books vol 19 page 481 probate year 1946
In re John Morry deceased
THIS IS THE LAST WILL AND TESTAMENT of me, John Morry of Fermeuse in the Island of Newfoundland. I hereby revoke all other wills by me at any time made and I appoint my wife, Judith Morry, to be the executrix of this my will except in the event of her predeceasing me, I appoint The Eastern Trust Company, hereinafter called my Trustee, as Executor and trustee hereof.
- I direct that after payment of my debts, funeral and testamentary expenses
the following bequests be paid:
- To Belevedere Orphanage the sum of Two Hundred and Fifty
- To Mount Cashel Orphanage the sum of Two
Hundred and Fifty Dollars.
- To the Church of England
Orphanage the sum of One Hundred Dollars.
- To Mrs.
Molly Cahill (formerly Ryan) of Sydney, Nova Scotia the sum
of One Hundred Dollars.
- To my niece, Clara
Costello, of Ferryland, the sum of Two Hundred Dollars.
my niece, Mrs. Annie McNamara, of St. John's the
sum of Two Hundred Dollars.
- To my nephew, Fred
Morry, of St. John's, the sum of Two
- To my nephew, Harry Morry, of
St. John's the sum of Two Hundred Dollars.
- I direct that the sum of Five Hundred Dollars be used for the purpose
of having masses said for my intentions.
- I give, devise and bequeath
my house, business premises and land in Fermeuse, together with all business
and farm equipment to my wife absolutely.
- All the rest, residue
and remainder of my property of whatever kind I give, devise and bequeath
to my wife for her sole use during her lifetime, without restriction
as to the manner of investment of moneys or as to the use both of the
income and the principal thereof, but I give, devise and bequeath any
residue existing at her death to my Trustee UPON TRUST to realise
such part of the said residue as shall not consist of money or securities
for money and to stand possessed of the proceeds thereof together with
such part of the said residue as shall consist of securities upon the
- To invest the sum of Twenty thousand dollars ($20,000.00) together
with any surplus of the said residue which may exist after payment of bequests
and tp pay the income thereof in monthly instalments during her lifetime,
to my wife's cousin Margaret O'Leary, who has lived with us as a
daughter for many years. Should the said income fall below $100.00 per
month I direct that the said amount of $100.00 per month be made up out
of the principal invested in that behalf. Should my estate be insufficient
to satisfy all bequests in full I direct that no abatement be made with
regard to this sum of Twenty thousand dollars.
to the provisions of Clause 4, (a) hereof, to pay the following
- To the Roman Catholic Episcopal Corporation of St. John's
the sum of Five thousand Dollars upon trust to invest the same from time
to time as the said Corporation may deem best and to apply the income thereof
to the education in some Ecclesiastical College to be selected by the said
Corporation, of a student for the priesthood for the Archdiocese of St.
John's; all other things being equal, preference being given to a student
from Ferryland District.
- To my wife's nephew Stanislaus
Fowler the sum of One Thousand Dollars.
- To my
wife's nephew Edward Fowler, subject to the provisions of
Clause 6 hereof the sum of One thousand dollars.
my wife's niece, Annie O'Leary, now a Sister of Mercy
Order, the sum of One thousand Dollars for her personal use, but in the
event of the said Annie O'Leary predeceasing my wife, I direct that
the said sum be paid to the Mother General of the said Order in
Newfoundland for the purposes of the Order in this Country.
my nieces Clara Costello of Ferryland and Annie McNamara of
St. John's one thousand dollars each.
- To my nephews Fred and Harry
Morry of St. John's the sum
of Four thousand dollars each.
- Upon the death of the said Margaret O'Leary I direct my Trustee
to divide the principal of the trust set forth in Clause 4, (a) hereof
into twenty equal parts, and to distribute it as follows:
- To the Catholic Church in Riverhead, Fermeuse, one-quarter
- To the Catholic Church in Ferryland, one-quarter
- To my wife's brother, Arthur O'Leary, one
part, but in the event of his predeceasing my wife, the said part to
be paid to his wife Elizabeth Fowler.
- To Stanislaus
Fowler four parts.
- To Edward Fowler four
parts subject to the provisions of Clause 6 hereof.
the said Fred and Harry Morry five parts each.
the Great War Veterans' Association one-quarter part.
the Permanent Marine Disaster Fund one-quarter part.
- In the event of Edward Fowler predeceasing my wife without having
married I direct that all moneys bequeathed to him under this my will be
paid to my wife's personal representative or representatives UPON TRUST to
expend the sum of One Thousand Dollars in such proportions as to such personal
representative or representatives may seem best for Masses for the repose
of his soul, for the erection of a tombstone and the care and maintenance
of his grave and for such charitable purposes as the said representative
or representatives may select; the balance of the said moneys to be distributed
in proportions in the sole discretion of such representative or representatives
to the Child Welfare Association, the Great War Veterans' Association;
St. Patrick's Hall Schools and to such other charitable institutions
as the said representative or representatives may select.
- I desire
my Trustee to have absolute freedom of choice in the selection of investments,
and I accordingly expressly authorise it to ignore the provisions of
the Trustee Act in that behalf.
IN TESTIMONY WHEREOF I have set my hand to this my Will at St. John's aforesaid the 24th day of August Anno Domini One thousand Nine hundred and forty-three.
Signed John Morry
SIGNED, PUBLISHED and DECLARED by the above-named Testator as and for his last Will and Testament in the joint presence of himself and us who in such joint presence and at his request have hereunto subscribed our names as witnesses to the due execution hereof.
Signed: Elizabeth Conroy Mary Maher
50 Bonaventure Ave. Mobile
This is the paper-writing marked "B"
referred to in the annexed Petition
THIS IS THE FIRST CODICIL to the last Will and Testament of me John Morry of St. John's in the Island of Newfoundland. I hereby direct that paragraphs 1 (a) and 1 (b) of my said last Will and testament shall be amended by substituting for the words "Two Hundred and Fifty Dollars" appearing in each of the said paragraphs the words "Five Hundred Dollars".
IN WITNESS WHEREOF I have hereunto subscribed my hand at St. John's this ---Twelfth----- day of January A.D. 1946.
signed John Morry
SIGNED PUBLISHED AND DECLARED by the Testator as a First Codicil to his last Will and Testament in presence of us, both present at the same time, who in the presence of each other have hereunto subscribed our names as witnesses attesting the due execution thereof.
signed Maud Whelan
James M. Bradshaw
This is the paper-writing marked "C"
referred to in the annexed Petition
THIS IS A SECOND CODICIL to the last Will and Testament of me John Morry of St. John's in the Island of Newfoundland made the Twenty-fourth day of August A.D. 1943:
- I hereby appoint my Solicitor James M. Bradshaw to act as joint
Executor and Trustee of my said Will with The Eastern Trust Company.
direct that paragraph one of my said will be amended by adding thereto
as (i) (j) (k) and (l) the following:
- (i) To the Reverend Father J. Murray of St. Patrick's
Parish, St. John's, the sum of Two Hundred Dollars.
To the Reverend Father F. Jackman of St. Joseph's
Parish, St. John's the sum of One Hundred Dollars.
To the Reverend Father Enright, Parish Priest of
St. Joseph's, Salmonier, the sum of One Hundred Dollars
To the Convent at Ferryland the sum of One Hundred
- WHEREAS my late wife and I have during my lifetime made provisions
for the education of a student for the priesthood for the Archdiocese of
St. John's I hereby repeal paragraph 4 (b) (1) of my said
IN WITNESS WHEREOF I have hereunto subscribed my hand at St. John's this Thirtieth day of march A.D. 1946.
signed John Morry
SIGNED PUBLISHED and DECLARED by the Testator as and for a Second Codicil to his last Will and Testament in presence of us, both present at the same time, who in his presence, at his request and in the presence of each other have herunto subscribed our names as witnesses attesting the due execution hereof; the same having first been read over to the Testator in our presence.
signed Maud Whelan
James M. Bradshaw
This the paper-writing marked "D"
referred to in the annexed Petition.
In The Supreme Court of Newfoundland
In the Estate of
John Morry Deceased
Inventory and Evaluation of the Property of the said Deceased.
|General Description of Property||Value or Amount|
|Lands, Houses, Stores, &c., and any interest on Land|| |
|Household Goods and Furniture|| |
|Stock in Trade|| |
|Book Debts and Promissory Notes||411.09|
|Money Secured by Mortgage|| |
|Moneys due under Life Insurance|| |
|Bank and other Stock, Share in Companies, &c. ||35,730.00|
|Securities for Money||40,459.87|
|Cash on Hand }|| |
|Cash in Bank } ||3,353.21|
|Ships, Boats, Nets, and other Outfit for the Fishery|| |
|Horses, Horned Cattle, Sheep and Swine|| |
|Farming Implements and Produce of all kinds|| |
|Other Property not before mentioned (if any)|| |
make oath and say that I am..............................................................
and that the above is, to the best of my knowledge, information and belief, a justand true Inventory and Valuation of the Property of the said Deceased at the time of
.........................................death as far as I can at present ascertain.
A.D. 19............., before me
*This Inventory and Valuation may be certified under Petition